ADR Clause for Learning Teams
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Disputes in the Learning Team can be detrimental to team dynamics. It is important that the learning team can resolve problems quickly because of the short turn around for class assignments. An alternative dispute resolution is necessary to provide a planned and efficient approach to resolving team confrontations.
According to Jennings, ???Alternative dispute resolution offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it??? (Business: Its legal, ethical, and global environment, p.111). ADRs include formal and informal types such as arbitration, mediation, medarb, minitrials, and peer review.
Any dispute that cannot be resolved between individuals in a peaceful and timely manner will be subject to an ADR. These actions include the following:
??? Non-participation of a team member
??? Discrimination of a team member
??? Unethical behaviors
??? Arguments that escalate to verbal or physical confrontations
??? Any violation of the team charter
An ADR will occur when members cannot resolve a conflict, or someone violates the rules of the team charter. To resolve disputes the learning team will use peer review.
Members not involved in the dispute will review the conflict of team members involved. Through e-mails, tele-conferences, person-to-person interviews, and team chats each party will have the opportunity to disclose his or her point-of-view of the situations. After listening to each member give his or her opinions, the panel of peers will make a group decision within 24-48 hours of how to resolve the issue. The resolution will be final but all panel members have to agree. The team leader each week, unless involved in the dispute, will complete a formal document disclosing the problem and what each member must do to resolve the problem. The document will be given to each member through e-mail or person-to-person. The decision can be escalated to the instructor if either party believes that he or she has been discriminated against. Then the instructor can render the final decision.
Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed.).
Mason, OH: Thomson